Imerman v Tchenguiz & Ors [2009] EWHC 2902 (QB) (16 November 2009)

Imerman v Tchenguiz & Ors [2009] EWHC 2902 (QB) (16 November 2009)

Defendants must deliver up pre-existing documents containing confidential information, with any privileged annotations redacted; privilege does not extend to unannotated or merely highlighted documents; retention of summary judgment bundles for appeal is permitted, but other documents must be delivered up unless specifically privileged.

Citation
[2009] EWHC 2902
Parties
Claimant: Vivian Imerman; Defendant: Robert Tchenguiz; Defendant: Vincent Tchenguiz; Defendant: Tim McClean; Defendant: Nouri Obayda; Defendant: Sarosh Zaiwalla
Jurisdiction
England and Wales
Judgment Date
16 November 2009
Procedural Posture
Application for 'unless' Order in Civil Proceedings / Post Summary Judgment, Enforcement of Prior Orders
Outcome
Application for unless order not granted at this stage; Defendants ordered to deliver up documents by 18 November 2009, subject to qualifications and further submissions on timing.
Legal Topics
Delivery Up of Documents, Compliance With Court Orders, Legal Professional Privilege, Confidential Schedules, Privilege in Annotations
Civil Procedure Confidential Information Legal Professional Privilege Delivery Up of Documents Compliance With Court Orders Confidential Schedules Privilege in Annotations

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Parties

Vivian Imerman

Claimant

Robert Tchenguiz

Defendant

Vincent Tchenguiz

Defendant

Tim McClean

Defendant

Nouri Obayda

Defendant

Sarosh Zaiwalla

Defendant

Procedural Posture

Application for 'unless' Order in Civil Proceedings / Post Summary Judgment, Enforcement of Prior Orders

Legal Issues

  1. 1 Whether Defendants failed to comply with court order for delivery up of documents
  2. 2 Scope and application of legal professional privilege proviso
  3. 3 Obligation to deliver up pre-existing documents versus privileged annotations

Ratio Decidendi

Defendants must deliver up pre-existing documents containing confidential information, with any privileged annotations redacted; privilege does not extend to unannotated or merely highlighted documents; retention of summary judgment bundles for appeal is permitted, but other documents must be delivered up unless specifically privileged.

Court Disposition

Application for unless order not granted at this stage; Defendants ordered to deliver up documents by 18 November 2009, subject to qualifications and further submissions on timing.

Orders

  • Defendants to deliver up documents containing confidential information by 18 November 2009 at 4.30pm, with privileged annotations redacted.
  • Retention of summary judgment bundles and written submissions for appeal permitted.